Download or read book Exploring Law s Empire written by Scott Hershovitz and published by Oxford University Press, USA. This book was released on 2006 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Exploring Law's Empire is a collection of essays about the work of Ronald Dworkin, each written by a leading scholar in jurisprudence or constitutional law. The essays explore Dworkin's writings on constitutional law, his theory of law as integrity, and his critique of legal positivism."--BOOK JACKET.
Download or read book Law s Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Download or read book Empire of Law written by Kaius Tuori and published by Cambridge University Press. This book was released on 2020-04-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Download or read book Empire Emergency and International Law written by John Reynolds and published by Cambridge University Press. This book was released on 2017-08-10 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Download or read book Law Empire and the Sultan written by Samy A. Ayoub and published by Oxford University Press. This book was released on 2019-11-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
Download or read book Legalist Empire written by Benjamin Allen Coates and published by Oxford University Press. This book was released on 2016-06-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role
Download or read book The Roman Foundations of the Law of Nations written by Benedict Kingsbury and published by Oxford University Press on Demand. This book was released on 2010-12-09 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores ways in which both the theory and the practice of international politics was built upon Roman private and public law foundations on a variety of issues including the organization and limitation of war, peace settlements, embassies, commerce, and shipping.
Download or read book Empire s Law written by Amy Bartholomew and published by Pluto Press. This book was released on 2006-02-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the legacy of the war in Iraq? Can democracy and human rights really be imposed "by fire and sword"? This book brings together some of the world's most outstanding theorists in the debate over empire and international law. They provide a uniquely lucid account of the relationship between American imperialism, the use and abuse of "humanitarian intervention", and its legal implications. Empire's Law is ideal for students who want a comprehensive critical introduction to the impact that the doctrine of pre-emptive war has had on our capacity to protect human rights and promote global justice. Leading contributors including Leo Panitch, Sam Gindin, Jurgen Habermas, Ulrich Preuss, Andrew Arato, Samir Amin, Reg Whitaker, Denis Halliday and Hans von Sponeck tackle a broad range of issues. Covering everything from the role of Europe and the UN, to people's tribunals, to broader theoretical accounts of the contradictions of war and human rights, the contributors offer new and innovative ways of examining the problems that we face. It is essential reading for all students who want a systematic framework for understanding the long-term consequences of imperialism.
Download or read book The Lawful Empire written by Stefan B. Kirmse and published by Cambridge University Press. This book was released on 2019-12-05 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of law and imperial rule reveals that Tsarist Russia was far more 'lawful' than generally assumed.
Download or read book Law and Politics in British Colonial Thought written by S. Dorsett and published by Springer. This book was released on 2010-11-08 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.
Download or read book Law and Empire in Late Antiquity written by Jill Harries and published by Cambridge University Press. This book was released on 2001-10-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
Download or read book Mastering the Law written by Ricardo Raúl Salazar Rey and published by University Alabama Press. This book was released on 2020-11-17 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the legal relationships of enslaved people and their descendants during the sixteenth and seventeenth centuries in Spanish America Atlantic slavery can be overwhelming in its immensity and brutality, as it involved more than 15 million souls forcibly displaced by European imperialism and consumed in building the global economy. Mastering the Law: Slavery and Freedom in the Legal Ecology of the Spanish Empire lays out the deep history of Iberian slavery, explores its role in the Spanish Indies, and shows how Africans and their descendants used and shaped the legal system as they established their place in Iberoamerican society during the seventeenth century. Ricardo Raúl Salazar Rey places the institution of slavery and the people involved with it at the center of the creation story of Latin America. Iberoamerican customs and laws and the institutions that enforced them provided a common language and a forum to resolve disputes for Spanish subjects, including enslaved and freedpeople. The rules through which Iberian conquerors, settlers, and administrators incorporated Africans into the expanding Empire were developed out of the need of a distant crown to find an enforceable consensus. Africans and their mestizo descendants, in turn, used and therefore molded Spanish institutions to serve their interests.Salazar Rey mined extensively the archives of secular and religious courts, which are full of complex disputes, unexpected subversions, and tactical alliances among enslaved people, freedpeople, and the crown. The narrative unfolds around vignettes that show Afroiberians building their lives while facing exploitation and inequality enforced through violence. Salazar Rey deals mostly with cases originating from Cartagena de Indias, a major Atlantic port city that supported the conquest and rule of the Indies. His work recovers the voices and indomitable ingenuity that enslaved people and their descendants displayed when engaging with the Spanish legal ecology. The social relationships animating the case studies represent the broader African experience in the Americas during the sixteenth and seventeenth centuries.
Download or read book An Independent Empire written by Michael S. Kochin and published by University of Michigan Press. This book was released on 2020-01-20 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign policies and diplomatic missions, combined with military action, were the driving forces behind the growth of the early United States. In an era when the Old and New Worlds were subject to British, French, and Spanish imperial ambitions, the new republic had limited diplomatic presence and minimal public credit. It was vulnerable to hostile forces in every direction. The United States could not have survived, grown, or flourished without the adoption of prescient foreign policies, or without skillful diplomatic operations. An Independent Empire shows how foreign policy and diplomacy constitute a truly national story, necessary for understanding the history of the United States. In this lively and well-written book, episodes in American history—such as the writing and ratification of the Constitution, Henry Clay’s advocacy of an American System, Pinckney’s Treaty with Spain, and the visionary but absurd Congress of Panama—are recast as elemental aspects of United States foreign and security policy. An Independent Empire tells the stories of the people who defined the early history of America’s international relationships. Throughout the book are brief, entertaining vignettes of often-overlooked intellectuals, spies, diplomats, and statesmen whose actions and decisions shaped the first fifty years of the United States. More than a dozen bespoke maps illustrate that the growth of the early United States was as much a geographical as a political or military phenomenon.
Download or read book Asian Legal Revivals written by Yves Dezalay and published by University of Chicago Press. This book was released on 2010-11-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.
Download or read book Feminism s Empire written by Carolyn J. Eichner and published by Cornell University Press. This book was released on 2022-06-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminism's Empire investigates the complex relationships between imperialisms and feminisms in the late nineteenth century and demonstrates the challenge of conceptualizing "pro-imperialist" and "anti-imperialist" as binary positions. By intellectually and spatially tracing the era's first French feminists' engagement with empire, Carolyn J. Eichner explores how feminists opposed—yet employed—approaches to empire in writing, speaking, and publishing. In differing ways, they ultimately tied forms of imperialism to gender liberation. Among the era's first anti-imperialists, French feminists were enmeshed in the hierarchies and epistemologies of empire. They likened their gender-based marginalization to imperialist oppressions. Imperialism and colonialism's gendered and sexualized racial hierarchies established categories of inclusion and exclusion that rested in both universalism and ideas of "nature" that presented colonized people with theoretical, yet impossible, paths to integration. Feminists faced similar barriers to full incorporation due to the gendered contradictions inherent in universalism. The system presumed citizenship to be male and thus positioned women as outsiders. Feminism's Empire connects this critical struggle to hierarchical power shifts in racial and national status that created uneasy linkages between French feminists and imperial authorities.
Download or read book Law s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Download or read book The Hidden History of International Law in the Americas written by Dr. Juan Pablo Scarfi and published by Oxford University Press. This book was released on 2017-03-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.
